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DECIDED BY COURT
DECISION GIVEN SATURDAY OUSTING
The Opinion of the En Banc Court in
r??p? From Siiartanburar and
The supreme court In a decision by
Associate Justice Woods ousted the
magistrates that "".ere appointed in
Spartanburg county by Gov. Blease
without the advice and consent of the
senate, says the Columbia State. .
The cases were argued several
weeks ago Detore an en uauu ses&iuu
of the supreme court. There were i
two cases. One from Spartanburg i
county and one from Anderson. In
the Spartanburg case the majority
opinion of the court was delivered by
Associate Justice Woods. The decision
in the nAderson case was unanimous
and was also written by Associate
The "court held in the Spartanburg
case that "A. H. Kirbv, D. T. Gossett,
E. Potter and W. C. Harrison are lawful
magistrates of Spartanburg county
and that the defendants, J. M. |
Bowden, S. S. Tiner, W. H. Tanner I
- t. . _ I
and T. D. Fowler, be excluded from
the office of magistrate and that they
pay the cost of these proceedings."
The court found that the offices of
magistrate, is question,-in Anderson
were vacant. *
The case from Spartanburg was
that of the State of South Carolina, ex
relatione, J. Fraser Lyon, attorney
general, against <jT. M. Bowden, and A.
H. Kirby; S. S. Tiner and D. T. Gossett,
W. R. -Tanner and E. Potter, T.
O. Fowler and w. u. Jtiarnson.
A dissenting opinion was filed by
Associate Justice Watts in which he J
held that all magistrates involved
should be ousted. Concluding his
opinion he says: "Wherefore, it is adjudged
that each of the defendant
herein are guilty of usurping and intruding
into, and are unlawfully hoi:
ing and exercising the offices of mar
istrates in Spartanburg county an''
it is the judgment of this court that
the defendants be excluded from the
office of magistrate and that the plaintiff
recover the cost against each de
Chief Justice Gary, in a note, dissented
from the decision in the Spartanburg
case by Associate Justice
Woods. He said: "I dissent for t1"
reasons stated in the opinion of Mr.
Justice Watts filed on the 5th day of
June, 1912, in these cases."
: Judges Concurring.
The decision by Associate Justice
"Woods in the Spartanburg case was
concurred in by the following: D. E.
^ I Hydrick and T. B. Fraser* associate
justices, and by the following circuit
judges: George W. Gage, George E.
Prince, John S. Wilson, J. W. DeVore,
H. F. Rice, T. H. Spain and Frank B. 1
Gary. - <
Circuit Judge T. S. Sease concurred '<
with the dissenting opinion filed by i
Associate Justice Watts, which opinion
was given in June before the en
banc session of the court was held.
In the Anderson case proceedings
were brought by Attorney General
Lyon against S. E. Whitten, W. E.
Green, W. T. Chamblee and J. A. j
Young to oust' them as magistrates.
The opinion in this case was written
by Associate Justice Woods and
found: "The judgment of the court is
that the defendants be excluded from
the office of magistrate and they pay
the costs of these actions." This
opinion was concurred in by Chief
% Justice Gary, Associate Justices Hydrick,
Fraser and Circuit Judges
Prince, Gage, Wilson, DeVore, Rice,
Spain and F. B. Gary.
The material allegati9n in this case!
was that the above named defendants j
were undertaking to perform the du- j
ties of magistrate under an appoint- |
K*r fVin ffArarnnr in 1 Q1 1 !
u:cut uauc uy uut m t^n,
after the adjournment of the senate
and not confirmed by the senate at its
session in 1912. It was not alleged
that there were any lawful encum-!
bents of the offices whose terms had
not expired, nor any persons who may
have held the office at the time tlje
defendants were appointed before the
court. All of the defendants gave up
their offices when the proceedings to
cust them were institution by Attorney
GIYE LIYES FOR DEAD EMPEROR. j
foiinf \offi and Wife Pay Tribute to
Vatsuhito?Act Causes Great
Grief Among Japanese.
Tokio, Sept. 14.?Gen. Count Mar-1
esunke Xogi, supreme military counFellor
of the Japanese empire, and his
The Most Critical
examination of our monuments?both
the skill and artistic
qualities of the work and
the excellence and superiority
of the stone is bound to i
result in one opinion?
Naturally you desire the;
most beautiful and refined of
designs and work that is last
ing, besides only first quality
stone?so piace your oraer
P. F. BAXTER & SON
Newberry, S. C. j
ancient custom as a final tribute to
their departed Emperor and friend,
The death by their own hands of the
famous general and his wife was as
dramatic as it was sad. The general
cut his throat with a short sword and
the countess committed hari-kari.
Following the Samurai custom, the
couple had carefully prepared their
plans for killing themselves and timed
them <50 that they would be coincident!
with the departure forever from Tokio
of the dead emperor.
Gen. Nogi and the countess had attended
the funeral services of Mutsuhito
at the palace here today, and
it was expected that they would pro- j
ceed to Aoyama tonight with the cor- i
tege. Instead, however, at the conclusion
of the ceremony at the palace
they withdrew to their modest home in
Akasaka, a suburb of Tokio, and there
began tneir nnai preparations ior,
death. ' j
First the general wrote a letter to
his> new emperor, Yosiiihito, which j
later was found beside his body. Then I
he draped in mourning a portrait of
the late emporer, which hung on the
wall, and afterwards he and his wife
dressed themselves in full Japaneses
costume and drank a farewell cup of
sake from cups which had been pre-!
sented to the general by Mutsuhito.
Waited for Signal (run.
Darkness had fallen and Gen. Nogi
and the countess sat and awaited the!
signal they had agreed upon to an-!
nounce their leave-taking. This was;
the booming of a signal gun on the;
palace -grounds at Tokio, which was
to let the people know that the bodyj
of the emperor was starting on the,
funeral car for its last resting place, j
- - - - .
As tne Doom 01 me gun resuunueu :
through the clear, still night, 'Gen.'
Nogi arose, and grasping in his hand t
a short sword, plunged it into his!
throat, while the countess stabbed;
herself through the body. A student,
who resided in the Nogi home, heard
the fall of the bodies and rushed into
the room. Lying upon the floor wTere
the hero of Port Arthur and his wife.
Both still were breathing but their
spasmodic gasps showed plainly that;
death was near. The student hurried ;
o;,q Kut when hp returned with it!
iui aiu. wut ?' ? ? ? ? ,
both the general and the countess i
The tragedy created a profound sen- ;
sation and expressions of sorrow were
heard on every hand tonight. Especially
grief-strickeu was Prince Arthur,
of Toniiaug.it the special envoy
to the funeral of Malsuhito, of Great!
Britain. Prince Arthur was to have i
rmna tritv. rion Vr??n tnmnrrnw to the I
5^11^ *? AVU VJ V4i? ? WJ5* vv ?- - - - I
former capital of the Shogunate, Kam- j
Those who knew Gen. Xogi well declared
that his calmness in killing
himself tonight was the kind of stoicism
he always had displayed, no matter
what crisis faced him. They instanced
the famous charge of the Japanese
up 203-metre Hill during the
Russo-Japanese war, when, as commander
of the Japanese third army,
Xogi saw the Russians mow down
V.?_ i... Vv 11 n vorl o i m nn cr tVi ?>m
1115 1U1 ^^5 All IX LA 11 CI X
two of his own sons, and yet quietly
REPORT OF TH?
IlA-i TT MJLaV
At The Close of Busines
Condensed from Report
Overdrafts, Secured and I
South Carolina Bond
Cash on hand and in bank
Surplus and Undivided Pi
Deposits, Individual $
O. B. Mayer.
F. Z. Wilson.
Z. F. Wright.
For Mother, Sister
45 Dozen of the Brown SI
Shoes just receivt
T. A. Dominicl
Successors to Bo^
New Fall Go
Come and buy fr
^ 1 /-Ir
aiapit? l/ics5 uuuuj
wear and the famous
20 Doz. Headlight <
at $1.98 per pair.
Farm and Garden
by the Pittsburgh S
pany, at close prices.
Quality counts, an<
our customers with
of everything, and <
Obelisk and Dan Val
Prices are right ^
sidered. Come and
your money fro
Wheeler, Mr. Joe. (
Moore. A smile anc
T. A. Dominic
Dealers in General Merchandi
taking the hill and eventually being
handed the surrender of Lieut. Gen. |
Stoessel at Porth Arthur.
The Count's Career.
Gen. Count Xogi was a national hero j
in Japan. It was he who captured
Port Arthur from the Russians in j
\RY, s. C.
s September 4th, 1912.
to State Bank Examiner.
_ $ 50,000. 00
>es! Shoes! !
and the Children
IE BEST !
lofc Company's Star 5 Star
?d at the store of
i & Company
vers & Dominick
>ods Arriving j
om the best line of i
i, Dress Ginghams,
s and Plaids, Underi
; Black Cat Hosiery.
Overalls Pants, going
Wire Fencing, made
teel and Wire (?om
i we strive to please
the purest and best
'hen quality is conreceive
the best for
m Miss Laghlage
uumieiiy ui lTii. jrat
1 welcome for every
k & Company
se, Cotton Seed and Fertilizers
country in the battle of Mukden. The
count was born at Kagi, in the province
of Choshu, in 1849.
During the Saigo rebellion Xogi!
fought bravely at the battle of Yoma- |
gachi and Twarazaka and was wounded.
After the rebellion was suppressed
he was made a lieutenant colonel.
He commanded the 1st brigade,of
books to exchan
bring them now
old books on oj
time and worn
Books and Supp
Books sold foi
a i r a j
BETTER GOODS A"
"THE HOUSE OF A
Removed with MOLES
no matter haw large, or I
face of the skin. And ti
trace or scar will be left
rectly to the MOLE or AA
pears in about six days, I
the skin smooth and nati
MOLESOFF is put ,up
Each bottle is neatly pack<
IUil UlIC^LlUiid, duu tuiiiaiuo
ten ordinary MOLES or WAF
a positive GUARANTEE if
WART, we will promptly refi
infantry in the Chino-Japanese wa
and captured Port Arthur in one daj
On the outbreak of the Russo-Japa
nese war in 1904 Gen. Negi was ap
pointed commander of the third armj
Ric forces took 203-meter Hill afte
terrible slaughter, and also destroyei
the Russian squadron in port. Get
Nogi personally received Gen. Stoes
sel's proposal to surrender Port Ar
Now is the time to subscribe to Th
Herald and yews, $1.50 a year'.
NOTICE TO POLICY HOLDERS.
All persons having insurance in th
Farmers Mutual Insurance associatiO]
of Newberry county are forbidden t<
put seed cotton in any building or oi
the -piazza of any building in whic]
people live. According to Section l:
of by-laws, passed by board of di
rectors, January 11, 1912, as follows
Resolved, That storage of seed cot
ton in occupied dwelling houses in
sured in this association is prohibitei
after first day of September, 1912. Sue!
storage will have the effect of anull
ing the policy.
R. T. C. Hunter,
L. I. Epting, President.
STATE OF SOUTH CAROLINA,
COUNTY OF NEWBERRY.
By Frank M. Schumpert, Esquire, Pre
WHEREAS, Maggie L. Livingsto
hath made suit to me to grant he
letters of administration of the estat
an A afPort+o nf \TrS_ RebeCCa t
VA OrlJLVl ^UVVU9 v*
THESE ARE THEREFORE to cit
and admonish all and singular th
kindred and creditors of the said Mr<
Rebecca J. Thompson, deceased, th?
they be and appear before me, in th
court of probate, to be held at Ne^
berry, S. C., on the 16th day of Sei
tember, next after publication then
of, at 11 o'clock in the forenoon, t
1 rt-nxr fhnv hflVP whv ffl
snow uauoc, it aiij ...
said administration should not I
GIVEN under my Hand, this 28t
day of August, Anno Domini, i9i2.
Frank M. Schumpert,
f: J. P. N. C.
school will begin
. If you have old
ige do not wait, but
, as 1 will not take
UttJ I uavc I
f by buying your
VP SE? AfE . . >
? 4 .
w* nnt in r% i m gFir%ny/if< inn
i intL 3AMn;rKic? AI
OK AND CTADC
ND WARTS I
OFF, without pain or danger,
tow far raised about the sur- ^
ley will never return, and no
MOLESOFF is applied difART,
which entirely dissapkilling
the germ and leaving
only in One Dollar Bottles.
td in a plain case, accompanied by
n/\n/nrli TT +A remrtTTe oicrlit ftT
JUUgu JV.iux.ujf kvy ivuiw vv WA
tTS We sell MOLESOFF under 4
it fails to "re move your MOLE or j
IBUTING COMPANY , ;*
:i - .
THE COMB'S MORNING STORY
[ You know the story the comb telltI
It's a very discouraging story, too.
e Day by day, a few more strands are addj
ed, of hair that is turning 'grey, losing its ,
j vitality, its strength and its health.
Grey bair is as unbecoming as old age.
! Natural pride should have its own, say.
e 1 You wish to look young and it is your j
i DUTY to appjear so. You can'.t even LOOK j
1 young if the silver threads begin to show. j
Be a "Young Woman" in looks, always. I
2 ' The grey hairs belong to the chaperon and
1 to the grandmother.
? Stay out of the grandmother class, until
2 your years justify it, by using 7?
- HAY'S HAIR HEALTtf
Sl.Ob and 50c at Drat Storea or direct upon
i receipt of price and dealer'a name. Sead 10c for
) trial bottle.?Philo Hay Spec. Co. Newark, N, J. j
FOB S/LE AND RECOMMENDED BY JM
GILDER & WEEKS.
. v -:i
?j ?>;' g
T v,*~?^ ji
e I Eat AH 1/ Want to New. No More ? ]
Gas on the Stomach or S."u- sen.
No More Heavy ret .mi.Meats
it Nt> matter what you'v?- it.v;l
Setting relief JUST-TK1 m :t bu?Hie
thorn bark, glycerine, etc.. fu- . vit.'.-oo
. in ADLER-I-KA! You will sur-pri.-eJ
at. the QUICK resuits a;:d ,\ w \v.;. be
guarded against appendicitis. 'I r.f VE?:lf i
FIRST DOSE will h<=!p you n:;': a snout
treatment with ADLER-I-K.A wili rn! e
you feel better than you have for rears. Jk
[O This new German sppor;iieiti< ?~-*r:e<?v fl
p untisepticizes the stoma oil a/?d b;>w?-'s V
e and draws off all impurities. A SIXGI.S fl
)e DOSE relieves gas on the fetomarh. s"ur B
* *- nausea r heavy t S
| siomacu, ?, ,
I feeling after eating almost A ** >NCEL
| A short treatment often cures ai? .-.i-oinarjj
b case of appendicitis, ,
Jf W. ?. MITES.
Lest you forget?subscribe for The.
I Herald and" News.
j . ' ' . i. . ..